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Nicholas S. Wemes v. State of Indiana
No. 25A-CR-2491
Appeal from the Delaware Circuit Court, Judge Thomas A. Cannon. Nicholas S. Wemes was charged with Level 4 felony causing death when operating a vehicle with a controlled substance in his blood and Level 5 felony reckless homicide after toxicology tests indicated the presence of THC, the component in marijuana that produces the effect of a “high.” Wemes filed motions to suppress evidence, arguing that Indiana laws conflict with federal law, and that proof of impairment and marijuana source was necessary for his charges; these motions were denied. The court affirmed the trial court’s rulings, clarifying that Indiana law does not require proof of impairment for driving with THC in the blood and does not differentiate between substances based on legality. Judge Scheele authored the opinion. Judges Bailey and Vaidik concur. Appellant’s attorney: J. Bart McMahon, Louisville, Kentucky. Appellee’s attorney: Office of the Indiana Attorney General.
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